> A near-infinite number of domain names containing
>the string "anz" are possible, and why does the ANZ Bank have any better
>claim to any of them than any other person or organisation holding a valid
>trademark for "ANZ" in other classes or territories, to say nothing of
>those using the name for non-commercial purposes?
I'm sure the big, bad, nasty bank has no problem with legitimate users of
"ANZ", especially for non-commercial purposes. I'm sure they don't worry
about the TM holders of SENATSKANZLEI HAMBURG, SANZYME, FITWEAR SPANZWOOL or
ZANZIBARS. It's not against those sort of people you have to protect
yourself.
.....
>It seems to me that DNS registrars have discovered an excellent way to
>make money from businesses who generally see their brands and trademarks
>as a cruical part of their very identity, and will therefore gladly
>spend sometimes quite substantial sums of money if they believe they
>are somehow protecting them.
It's not just DNS registrars that make a lot of money from people businesses
that you describe. You might be interested to know that a simple search of
the Australian trade marks database using the search for ANZ as an exact
word or prefix gives 128 different registrations, of which all bar one seem
to belong to the ANZ Bank (the other being "CLA ANZ", registered for "Lawyer
referral services directed to member law firms involved in commercial law
issues."
So why do they spend all this money? It's called brand-building, and it's
how you distinguish yourself from your competitors, especially in a
commoditised market, such as financial services. And it's why most
societies have developed rules (God forbid they should apply to the
Internet!) to protect the investment which businesses make in their brands,
and allow them to protect their brands from other businesses who want to
take the benefit / shine / associated glory / call it what you will, without
going to to all that trouble and expense.
It's presumably why your business has gone to the expense of registering
Xanadu and the flaming-X symbol as trade marks.
Perhaps this response just reflects the cynical outlook that some brand
owners develop once they've had so many unscrupulous people trying to rip
them off.
Cheers
James Omond
Deputy General Counsel - Australia
Southcorp Limited
ABN 80 007 722 643
Tel. (03) 9769 2202
Fax (03) 9679 2233
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